Maintenance Under Section 125 CrPC (Section 144 BNSS) in Odisha: How to Claim
Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC), a wife, minor child, or dependent parent unable to maintain themselves can claim monthly maintenance from a husband or son with sufficient means. The application is filed before the Judicial Magistrate First Class in the district where the applicant resides.
By Advocate Debarchana Samal · 30 July 2026 · 8 min read
What is Section 144 BNSS (Section 125 CrPC)?
Section 125 of the old Code of Criminal Procedure has been re-enacted as Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the substance of the provision unchanged. It is a fast, summary remedy — separate from divorce or matrimonial proceedings — designed to prevent destitution. It allows a wife, children, or parents who cannot maintain themselves to claim monthly maintenance from a person with sufficient means who has neglected or refused to support them. Odisha's Family Courts and Judicial Magistrates handle a large volume of these applications, particularly in Cuttack, given how frequently maintenance disputes arise alongside separation and divorce.
Who Can Claim Maintenance?
Step-by-Step: How to File a Maintenance Application in Odisha
Consult a family lawyer and gather evidence of income and need
Collect salary slips, bank statements, property records, and household expense details to establish both your need and the other party's financial capacity.
Draft and file the application before the JMFC
Your lawyer prepares and files the maintenance application under Section 144 BNSS before the Judicial Magistrate First Class in the district where you reside.
Attend the interim maintenance hearing
Courts frequently grant interim maintenance within a few months of filing, so the applicant is not left without support while the main case proceeds.
Present evidence of income and necessity at the final hearing
Both parties file affidavits disclosing assets and income; the magistrate weighs the respondent's capacity against the applicant's genuine need to fix the final amount.
Enforce the order if there is default in payment
Non-payment can be enforced through attachment of salary or property, and the defaulter risks imprisonment of up to one month for each month of default under Section 144(3) BNSS.
How Courts Decide the Maintenance Amount
There is no fixed formula under law. Odisha courts weigh the respondent's income and assets, the applicant's reasonable needs and the standard of living enjoyed during the marriage, whether the applicant has an independent source of income, the number of dependants, and reasonable expenses such as housing, education, and medical costs. Courts generally aim to strike a fair balance rather than an amount that is either punitive or inadequate.
Important: Maintenance proceedings move faster when supported by clear documentary evidence of income and expenses. Delayed or incomplete disclosure by either side often prolongs the case. Consult a family lawyer early to ensure your application or your defence is properly documented from the outset.
Need to File or Defend a Maintenance Claim in Cuttack or Odisha?
Advocate Debarchana Samal represents clients in maintenance applications under Section 144 BNSS, interim maintenance under the Hindu Marriage Act, and related family court matters across Odisha. Contact us for a confidential consultation.
Frequently Asked Questions
Who can claim maintenance under Section 144 BNSS (Section 125 CrPC) in Odisha?
A wife (including a divorced wife who has not remarried), minor children (legitimate or illegitimate), children of any age who are physically or mentally unable to maintain themselves, and dependent parents unable to maintain themselves can all claim maintenance under Section 144 BNSS from a husband, father, or son who has sufficient means but neglects or refuses to maintain them.
How much maintenance can a wife claim in Odisha?
There is no fixed formula. The magistrate considers the husband's income and assets, the wife's reasonable needs and standard of living during marriage, whether she has an independent income, and the number of dependants. Amounts vary widely by case, and courts in Odisha typically also grant interim maintenance during the pendency of the case so the applicant is not left without support.
Can a wife who earns also claim maintenance?
Yes, but her own income is a relevant factor the court will weigh. A working wife can still claim maintenance if her income is insufficient to maintain the standard of living she was accustomed to during the marriage, or if there is a significant income disparity between the spouses. Courts assess each case on its specific facts.
What if the husband refuses to pay maintenance ordered by the court?
If the respondent fails to comply with a maintenance order without sufficient cause, the magistrate can issue a warrant for recovering the amount as if it were a fine, and may sentence the defaulter to imprisonment for up to one month for each month's default, or until payment is made, whichever is earlier. Salary attachment orders can also be sought against a salaried respondent.
Can maintenance be claimed along with divorce proceedings in Odisha?
Yes. Maintenance under Section 144 BNSS is an independent, summary remedy and can be filed even before, during, or after divorce proceedings. Separately, interim maintenance can also be sought under Section 24 of the Hindu Marriage Act during a pending divorce case, and permanent alimony under Section 25 can be decided at the time the divorce decree is passed.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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